Confirmatory Order; Issuance; In the Matter of ProTechnics Division of Core Laboratories LP, 85669-85674 [2023-26951]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 88, Number 235 (Friday, December 8, 2023)]
[Notices]
[Pages 85669-85674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26951]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 030-30429; License No. 42-26928-01; EA-23-039; NRC-2023-
0204]


Confirmatory Order; Issuance; In the Matter of ProTechnics 
Division of Core Laboratories LP

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) issued a 
Confirmatory Order to ProTechnics Division of Core Laboratories LP 
(ProTechnics) to document commitments made as part of a settlement 
agreement made between the NRC and ProTechnics following an alternative 
dispute resolution mediation session held on October 12, 2023. The 
mediation addressed six apparent violations involving ProTechnics' 
abandonment of well logging sources, compliance with disposal of 
effluents

[[Page 85670]]

limits within the Gulf of Mexico, and compliance with NRC requirements 
for monitoring occupational radiation exposure. ProTechnics has 
committed to various measures intended to improve the effectiveness of 
its radiation safety program, develop better well logging source 
abandonment procedures, and to train its employees on occupational 
exposure limits and the proper use of dosimetry. The Confirmatory Order 
is effective upon issuance.

DATES: The Confirmatory Order was issued on November 28, 2023.

ADDRESSES: Please refer to Docket ID NRC-2023-0204 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly available information related to this document 
using any of the following methods:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2023-0204. Address 
questions about Docket IDs in Regulations.gov to Stacy Schumann; 
telephone: 301-415-0624; email: [email protected]. For technical 
questions, contact the individual listed in the FOR FURTHER INFORMATION 
CONTACT section of this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, please contact the NRC's Public 
Document Room (PDR) reference staff at 1-800-397-4209, at 301-415-4737, 
or by email to [email protected]. The Confirmatory Order to 
ProTechnics is available in ADAMS under Accession No. ML23305A063.
     NRC's PDR: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. To make an 
appointment to visit the PDR, please send an email to 
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8 
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jeremy Groom, Region IV, U.S. Nuclear 
Regulatory Commission, telephone: 817-200-1182, email: 
[email protected].

SUPPLEMENTARY INFORMATION: The text of the Order is attached.

    Dated: December 4, 2023.

    For the Nuclear Regulatory Commission.
John D. Monninger,
Regional Administrator, NRC Region IV.

Attached--Confirmatory Order

United States of America

Nuclear Regulatory Commission

In the Matter of: PROTECHNICS DIVISION OF CORE LABORATORIES LP, Docket 
No. 030-30429, License No. 42-26928-01, EA-23-039

Confirmatory Order Modifying License (Effective Upon Issuance)

I

    ProTechnics Division of Core Laboratories LP (ProTechnics or the 
licensee) is the holder of Materials License No. 42-26928-01, issued by 
the U.S. Nuclear Regulatory Commission (NRC or Commission) pursuant to 
part 30 of title 10 of the Code of Federal Regulations (10 CFR). The 
license authorizes operations at licensee facilities, temporary job 
sites, and certain client sites in accordance with conditions specified 
therein. The licensee's facilities are located on the licensee's sites 
in Alaska, Wyoming, Montana, and West Virginia. Client sites are 
located in Wyoming and offshore in the Gulf of Mexico.
    This Confirmatory Order (CO) is the result of an agreement reached 
during an Alternative Dispute Resolution (ADR) mediation session 
conducted on October 11, 2023.

II

    On July 7, 2023, the NRC issued Inspection Report 030-30429/2022-
002, Agencywide Documents Access and Management System (ADAMS) 
Accession No. ML23138A393, to ProTechnics which documented the 
identification of six apparent violations that were being considered 
for escalated enforcement action in accordance with the NRC Enforcement 
Policy. The violations involved the failure to: (1) notify and seek NRC 
approval for the performance of an abandonment of a well logging source 
as required by 10 CFR 39.77(c)(1); (2) request an extension for a well 
logging source authorized for temporary storage within a well as 
required by License Condition 10.D of NRC License 42-26928-01, 
Amendment No. 49 and 50 (which was changed to License Condition 10.H of 
NRC License 42-26928-01, Amendment No. 50 (corrected copy) to 54); (3) 
perform a timely abandonment for a well logging source authorized for 
temporary storage within a well as required by License Condition 10.H 
of NRC License 42-26928-01, Amendment 54; (4) maintain survey records 
or calculations demonstrating compliance with 10 CFR part 20 limits on 
the release of effluents within the Gulf of Mexico as required by 10 
CFR 20.1302; (5) develop, document, and implement a radiation 
protection program sufficient to ensure compliance with 10 CFR part 20, 
specifically with regard to outlier exposures recorded on two 
dosimeters as required by 10 CFR 20.1101(a); and (6) monitor a group of 
occupationally-exposed workers as a result of the loss of their 
dosimeters as required by 10 CFR 20.1502(a).
    By letter dated July 7, 2023, the NRC notified ProTechnics of the 
results of the inspection and provided ProTechnics with an opportunity 
to: (1) attend a predecisional enforcement conference or (2) 
participate in an ADR mediation session in an effort to resolve these 
concerns.
    In response to the NRC's offer, ProTechnics requested the use of 
the NRC ADR process to resolve differences it had with the NRC. On 
October 11, 2023, the NRC and ProTechnics met in an ADR session 
mediated by a professional mediator, arranged through Cornell 
University's Institute on Conflict Resolution. The ADR process is one 
in which a neutral mediator, with no decision-making authority, assists 
the parties in reaching an agreement to resolve any differences 
regarding the dispute. This Confirmatory Order is issued pursuant to 
the agreement reached during the October 11, 2023, ADR process.

III

    During the ADR mediation session, ProTechnics and the NRC reached a 
preliminary settlement agreement.
    The NRC recognizes the corrective actions that ProTechnics has 
already implemented associated with the apparent violations, including 
(1) proactively engaging independent certified health physicists to 
perform a comprehensive audit of its radiation safety program, (2) 
making extensive procedural and training enhancements, and (3) hosting 
industry forums with ProTechnics' clients to discuss NRC regulatory 
requirements.
    Additional commitments made in the preliminary settlement 
agreement, as signed by both parties, consist of the following:

Audit

    A. ProTechnics will perform a comprehensive audit of its radiation 
safety program. The audit shall be performed by an independent entity 
that has familiarity with 10 CFR part 39. This will include the 
following actions:
    1. Within 30 days of the issuance date of the Confirmatory Order, 
ProTechnics

[[Page 85671]]

will submit its audit plan to the NRC for review and approval. Within 
30 days of receiving ProTechnics' audit plan, the NRC will either 
communicate to ProTechnics its approval of the audit plan or reasons 
for its disapproval. If the NRC does not approve the audit plan, 
ProTechnics will revise and re-submit its audit plan within 30 days of 
the NRC's response.
    2. Within 6 months of the NRC approval of its audit plan, 
ProTechnics will submit a copy of the audit report and ProTechnics' 
written response to the audit report to the NRC. ProTechnics' written 
response will either address how it will implement the recommendations 
and corrective actions of the audit report, including a proposed 
timeline; or provide an explanation and justification for why the 
recommendation(s) and corrective action(s) will not be implemented.

Training

    B. ProTechnics will develop a training program designed to address 
knowledge deficiencies that contributed to the apparent violations in 
NRC Inspection Report 030-30429/2022-002.
    1. Specifically, the training will address:
    a. The proper use of dosimetry to comply with the NRC's 
requirements in 10 CFR part 20 to include individual staff and 
supervisory actions required upon discovery of lost or missing 
dosimetry.
    b. Occupational exposure limits under 10 CFR part 20 and any 
additional limits imposed by the licensee.
    c. Sealed source management and NRC abandonment process/
requirements to include manager and supervisory actions required upon 
discovery of a well logging source that is lodged in a well or 
irretrievable.
    2. Within 6 months of the issuance date of the Confirmatory Order, 
ProTechnics will provide this training to all employee supervisors and 
managers involved in NRC licensed activities. ProTechnics will continue 
to provide this training at least once every calendar year until 
December 31, 2026. ProTechnics will maintain a record of the 
individuals receiving the training, a summary of the feedback on the 
training, the instructor providing the training (if applicable), and 
the date of the training.

Causal Evaluation

    C. Within 2 months of the issuance date of the Confirmatory Order, 
ProTechnics will complete a causal evaluation for each apparent 
violation documented in NRC Inspection Report 030-30429/2022-002. The 
causal evaluation will include: the reason for the apparent violation; 
the corrective steps that have been taken and the results achieved; and 
the corrective actions that will be taken, with time frame for their 
completion.
    D. Corrective actions identified as a result of the causal 
evaluation required by Condition C will be implemented within 18 months 
of completion of the evaluation.

Procedures

    E. Within 6 months of the issuance date of the Confirmatory Order, 
ProTechnics will develop abandonment procedure(s) for well logging 
sources that become lodged in wells or are irretrievable. The 
abandonment procedures must comply with 10 CFR part 39 and incorporate 
the recently updated NRC license commitments associated with the 
licensed material described under License Conditions 10.F through 10.I 
and 25 in License No. 42-26928-01, Amendment No. 56, dated August 17, 
2023.
    1. Within 30 days of completion of Condition E, ProTechnics will 
submit the procedure(s) developed under Condition E to the NRC for 
incorporation into the ProTechnics license as a tie-down condition.
    2. The NRC will review the procedure(s) submitted under Condition 
E.1 and if the NRC staff determines these procedures are acceptable, 
the NRC will incorporate these procedures into the ProTechnics license 
as a tie-down condition.
    3. If the procedure(s) submitted under Condition E.1 are found 
unacceptable by the NRC staff, the NRC staff will provide comments to 
ProTechnics for their consideration. Within 30 days of receiving these 
comments, ProTechnics will re-submit the procedure(s) to the NRC for 
incorporation into the ProTechnics license as a tie-down condition. 
Incorporation of abandonment procedure(s) for well logging sources that 
become lodged in wells or are irretrievable into the ProTechnics 
license is required to fulfill this Order condition.
    F. Within 6 months of the issuance date of the Confirmatory Order, 
ProTechnics will develop a procedure to address actions and dose 
estimate methodologies needed to address situations including: (1) lost 
dosimeters or missing dosimetry results; (2) dosimeter results that 
exceed regulatory limits or licensee action levels or limits; (3) 
methodology to assess the validity/accuracy of unexpected dosimetry 
results; and (4) methodology to evaluate and document dose 
reconstruction.
    1. Within 30 days of completion of Condition F, ProTechnics will 
submit the procedure developed under Condition F to the NRC for review 
and approval.

Effectiveness Review

    G. Between July 1 and December 31, 2025, ProTechnics will perform 
an effectiveness review of the corrective actions implemented as a 
result of this Confirmatory Order. The effectiveness review will 
include: the lessons learned from feedback from the training required 
by Condition B of this order, if any is received; and the results of 
the radiation safety program audit required by Condition A. ProTechnics 
will modify its corrective actions, as needed and consistent with this 
Confirmatory Order, based on the results of the effectiveness review. 
By March 31, 2026, ProTechnics will send a copy of the effectiveness 
review and provide, as applicable, a copy of any additional corrective 
actions and modifications made to previously developed corrective 
actions as a result of the effectiveness review to the NRC.

Administrative Items

    H. By January 31 of each calendar year 2024 through 2027, 
ProTechnics will send the NRC a summary of the actions implemented the 
previous calendar year as a result of the Confirmatory Order.
    I. Until December 31, 2028, ProTechnics will retain a copy of all 
documentation and records necessary to demonstrate compliance with the 
conditions of the Confirmatory Order.
    J. Documents that are required to be sent to the NRC as a result of 
the Confirmatory Order conditions will be sent to the Director, 
Division of Radiological Safety and Security, U.S. Nuclear Regulatory 
Commission, Region IV, by email to [email protected].
    Based on the completed actions described above, and the commitments 
described in Section V below, the NRC agrees not to issue a notice of 
violation and not impose a civil penalty for the apparent violations 
discussed in NRC Inspection Report 030-30429/2022-002 to ProTechnics 
dated July 7, 2023.
    On November 21, 2023, ProTechnics consented to issuing this 
Confirmatory Order with the commitments, as described in Section V 
below. ProTechnics further agreed that this Confirmatory Order is to be 
effective upon issuance, the agreement memorialized in this 
Confirmatory Order settles the matter between the parties, and that it 
has waived its right to a hearing.

[[Page 85672]]

IV

    I find that the corrective actions that ProTechnics has already 
implemented, as described in Section III above, combined with the 
commitments as set forth in Section V below are acceptable and 
necessary, and I conclude that with these commitments the public health 
and safety are reasonably assured. In view of the foregoing, I have 
determined that public health and safety require that ProTechnics' 
commitments be confirmed by this Confirmatory Order. Based on the above 
and ProTechnics' consent, this Confirmatory Order is effective upon 
issuance.

V

    Accordingly, pursuant to Sections 81, 161b, 161i, 161o, 182, and 
186 of the Atomic Energy Act of 1954, as amended, and the Commission's 
regulations in 10 CFR 2.202 and 10 CFR part 30, it is hereby ordered, 
effective upon issuance, that License No. 42-26928-01 is modified as 
follows:

Audit

    A. ProTechnics will complete a comprehensive audit of its radiation 
safety program. The audit shall be performed by an independent entity 
that has familiarity with 10 CFR part 39. This will include the 
following actions:
    1. No later than 30 days after the issuance date of the 
Confirmatory Order, ProTechnics will submit its audit plan to the NRC 
for review and approval. Within 30 days of receiving ProTechnics' audit 
plan, the NRC will either communicate to ProTechnics its approval of 
the audit plan or reasons for its disapproval. If the NRC does not 
approve the audit plan, ProTechnics will revise and re-submit its audit 
plan within 30 days of the NRC's response.
    2. Within 6 months of the NRC approval of its audit plan, 
ProTechnics will submit a copy of the audit report and ProTechnics' 
written response to the audit report to the NRC. ProTechnics' written 
response will either address how it will implement the recommendations 
and corrective actions of the audit report, including a proposed 
timeline; or provide an explanation and justification for why the 
recommendation(s) and corrective action(s) will not be implemented.

Training

    B. ProTechnics will develop a training program designed to address 
knowledge deficiencies that contributed to the apparent violations in 
NRC Inspection Report 030-30429/2022-002.
    1. Specifically, the training will address:
    a. The proper use of dosimetry to comply with the NRC's 
requirements in 10 CFR part 20 to include individual staff and 
supervisory actions required upon discovery of lost or missing 
dosimetry.
    b. Occupational exposure limits under 10 CFR part 20 and any 
additional limits imposed by the licensee.
    c. Sealed source management and NRC abandonment process/
requirements to include manager and supervisory actions required upon 
discovery of a well logging source that is lodged in a well or 
irretrievable.
    2. Within 6 months of the issuance date of the Confirmatory Order, 
ProTechnics will provide this training to all employee supervisors and 
managers involved in NRC licensed activities. ProTechnics will continue 
to provide this training at least once every calendar year until 
December 31, 2026. ProTechnics will maintain a record of the 
individuals receiving the training, a summary of the feedback on the 
training, the instructor providing the training (if applicable), and 
the date of the training.

Causal Evaluation

    C. Within 2 months of the issuance date of the Confirmatory Order, 
ProTechnics will complete a causal evaluation for each apparent 
violation documented in NRC Inspection Report 030-30429/2022-002. The 
causal evaluation will include: the reason for the apparent violation; 
the corrective steps that have been taken and the results achieved; and 
the corrective actions that will be taken, with time frame for their 
completion.
    D. Corrective actions identified as a result of the causal 
evaluation required by Condition C will be implemented within 18 months 
of completion of the evaluation.

Procedures

    E. Within 6 months of the issuance date of the Confirmatory Order, 
ProTechnics will develop abandonment procedure(s) for well logging 
sources that become lodged in wells or are irretrievable. The 
abandonment procedures must comply with 10 CFR part 39 and incorporate 
the recently updated NRC license commitments associated with the 
licensed material described under License Conditions 10.F through 10.I 
and 25 in License No. 42-26928-01, Amendment No. 56, dated August 17, 
2023.
    1. Within 30 days of completion of Condition E, ProTechnics will 
submit the procedure(s) developed under Condition E to the NRC for 
incorporation into the ProTechnics license as a tie-down condition.
    2. The NRC will review the procedure(s) submitted under Condition 
E.1 and if the NRC staff determines these procedures are acceptable, 
the NRC will incorporate these procedures into the ProTechnics license 
as a tie-down condition.
    3. If the procedure(s) submitted under Condition E.1 are found 
unacceptable by the NRC staff, the NRC staff will provide comments to 
ProTechnics for their consideration. Within 30 days of receiving these 
comments, ProTechnics will re-submit the procedure(s) to the NRC for 
incorporation into the ProTechnics license as a tie-down condition. 
Incorporation of abandonment procedure(s) for well logging sources that 
become lodged in wells or are irretrievable into the ProTechnics 
license is required to fulfill this Order condition.
    F. Within 6 months of the issuance date of the Confirmatory Order, 
ProTechnics will develop a procedure to address actions and dose 
estimate methodologies needed to address: (1) lost dosimeters or 
missing dosimetry results; (2) dosimeter results that exceed regulatory 
limits or licensee action levels or limits; (3) methodology to assess 
the validity/accuracy of unexpected dosimetry results; and (4) 
methodology to evaluate and document dose reconstruction.
    1. Within 30 days of completion of Condition F, ProTechnics will 
submit the procedure developed under Condition F to the NRC for review 
and approval.
    2. If the procedure submitted under Condition F.1 is found 
unacceptable by the NRC staff, the NRC staff will provide comments to 
ProTechnics for their consideration. Within 30 days of receiving these 
comments, ProTechnics will re-submit the procedure to the NRC.

Effectiveness Review

    G. Between July 1 and December 31, 2025, ProTechnics will perform 
an effectiveness review of the corrective actions implemented as a 
result of this Confirmatory Order. The effectiveness review will 
include: the lessons learned from feedback from the training required 
by Condition B of this order, if any is received; and the results of 
the radiation safety program audit required by Condition A. ProTechnics 
will modify its corrective actions, as needed and consistent with this 
Confirmatory Order, based on the results of the effectiveness review. 
By March 31, 2026, ProTechnics will send a copy of the effectiveness 
review and provide, as

[[Page 85673]]

applicable, a copy of any additional corrective actions and 
modifications made to previously developed corrective actions as a 
result of the effectiveness review to the NRC.

Administrative Items

    H. By January 31 of each calendar year 2024 through 2027, 
ProTechnics will send the NRC a summary of the actions implemented the 
previous calendar year as a result of the Confirmatory Order.
    I. Until December 31, 2028, ProTechnics will retain a copy of all 
documentation and records necessary to demonstrate compliance with the 
conditions of the Confirmatory Order.
    J. Documents that are required to be sent to the NRC as a result of 
the Confirmatory Order conditions will be sent to the Director, 
Division of Radiological Safety and Security, U.S. Nuclear Regulatory 
Commission, Region IV, by email to [email protected].
    In the event of transfer of ProTechnics' license to another entity, 
the terms and conditions set forth hereunder shall continue to apply to 
the new entity and accordingly survive any transfer of ownership or 
license. This Confirmatory Order is considered escalated enforcement. 
The Regional Administrator, Region IV, may, in writing, relax, rescind, 
or withdraw any of the above conditions upon demonstration by 
ProTechnics or its successors of good cause.

VI

    In accordance with 10 CFR 2.202 and 10 CFR 2.309, any person 
adversely affected by this Confirmatory Order, other than ProTechnics, 
may request a hearing within thirty (30) calendar days of the date of 
issuance of this Confirmatory Order. Where good cause is shown, 
consideration will be given to extending the time to request a hearing. 
A request for extension of time must be made in writing to the 
Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555, and include a statement of good cause for the 
extension.
    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing and petition for leave to intervene (petition), any 
motion or other document filed in the proceeding prior to the 
submission of a request for hearing or petition to intervene, and 
documents filed by interested governmental entities that request to 
participate under 10 CFR 2.315(c), must be filed in accordance with the 
NRC's E-Filing rule (72 FR 49139; August 28, 2007, as amended at 77 FR 
46562; August 3, 2012). The E-Filing process requires participants to 
submit and serve all adjudicatory documents over the internet, or in 
some cases to mail copies on electronic storage media. Detailed 
guidance on making electronic submissions may be found in the Guidance 
for Electronic Submissions to the NRC and on the NRC website at https://www.nrc.gov/site-help/e-submittals.html. Participants may not submit 
paper copies of their filings unless they seek an exemption in 
accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 10 
days prior to the filing deadline, the participant should contact the 
Office of the Secretary by email at [email protected], or by 
telephone at 301-415-1677, to (1) request a digital identification (ID) 
certificate, which allows the participant (or its counsel or 
representative) to digitally sign submissions and access the E-Filing 
system for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a petition or 
other adjudicatory document (even in instances in which the 
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the 
Secretary will establish an electronic docket for the hearing in this 
proceeding if the Secretary has not already established an electronic 
docket.
    Information about applying for a digital ID certificate is 
available on the NRC's public website at https://www.nrc.gov/site-help/e-submittals/getting-started.html. Once a participant has obtained a 
digital ID certificate and a docket has been created, the participant 
can then submit adjudicatory documents. Submissions must be in Portable 
Document Format (PDF). Additional guidance on PDF submissions is 
available on the NRC's public website at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the 
time the document is submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing system 
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of 
a transmission, the E-Filing system time-stamps the document and sends 
the submitter an email notice confirming receipt of the document. The 
E-Filing system also distributes an email notice that provides access 
to the document to the NRC's Office of the General Counsel and any 
others who have advised the Office of the Secretary that they wish to 
participate in the proceeding, so that the filer need not serve the 
document on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before adjudicatory documents are 
filed so that they can obtain access to the documents via the E-Filing 
system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic 
Filing Help Desk through the ``Contact Us'' link located on the NRC's 
public website at https://www.nrc.gov/site-help/e-submittals.html, by 
email to [email protected], or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m. 
and 6 p.m., Eastern Time, Monday through Friday, excluding government 
holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
stating why there is good cause for not filing electronically and 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) first class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, 11555 
Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and 
Adjudications Staff. Participants filing adjudicatory documents in this 
manner are responsible for serving the document on all other 
participants. Filing is considered complete by first-class mail as of 
the time of deposit in the mail, or by courier, express mail, or 
expedited delivery service upon depositing the document with the 
provider of the service. A presiding officer, having granted an 
exemption request from using E-Filing, may require a participant or 
party to use E-Filing if the presiding officer subsequently determines 
that the reason for granting the exemption from use of E-Filing no 
longer exists.
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket which is available to the public at 
https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the 
Commission or the presiding officer. If you do not have an NRC-issued 
digital ID certificate as described above, click ``cancel'' when the 
link requests certificates and you

[[Page 85674]]

will be automatically directed to the NRC's electronic hearing dockets 
where you will be able to access any publicly available documents in a 
particular hearing docket. Participants are requested not to include 
personal privacy information, such as social security numbers, home 
addresses, or personal phone numbers in their filings, unless an NRC 
regulation or other law requires submission of such information. For 
example, in some instances, individuals provide home addresses in order 
to demonstrate proximity to a facility or site. With respect to 
copyrighted works, except for limited excerpts that serve the purpose 
of the adjudicatory filings and would constitute a Fair Use 
application, participants are requested not to include copyrighted 
materials in their submission.
    The Commission will issue a notice or order granting or denying a 
hearing request or intervention petition, designating the issues for 
any hearing that will be held and designating the Presiding Officer. A 
notice granting a hearing will be published in the Federal Register and 
served on the parties to the hearing.
    If a person (other than ProTechnics) requests a hearing, that 
person shall set forth with particularity the manner in which his 
interest is adversely affected by this Confirmatory Order and shall 
address the criteria set forth in 10 CFR 2.309(d) and (f).
    If a hearing is requested by a person whose interest is adversely 
affected, the Commission will issue an order designating the time and 
place of any hearings. If a hearing is held, the issue to be considered 
at such hearing shall be whether this Confirmatory Order should be 
sustained.
    In the absence of any request for hearing, or written approval of 
an extension of time in which to request a hearing, the provisions 
specified in Section V above shall be final 30 days from the date of 
this Confirmatory Order without further order or proceedings. If an 
extension of time for requesting a hearing has been approved, the 
provisions specified in Section V shall be final when the extension 
expires if a hearing request has not been received.

    For the Nuclear Regulatory Commission.

    Dated this 28th day of November 2023.

/RA/
John D. Monninger,
Regional Administrator, NRC Region IV.
[FR Doc. 2023-26951 Filed 12-7-23; 8:45 am]
BILLING CODE 7590-01-P